Victoria,
Australia — The Australian WOMAN Network
<http://www.w-o-m-a-n.net/>
has been working behind the scenes on getting fairer deal
for Victorians who need to have their privacy respected
when they require National Police Certificates known as
"criminal record checks", for employment or other
situations.
These certificates are
becoming almost commonplace in areas of employment and
voluntary activity that involve adults with children or
require higher levels of security because of the
heightened threat of terrorism or other unlawful
activities.
Also known as "criminal
record checks", they have been the cause of huge distress
to people who now have a name and legal sex different to
that given to them as infants.
Karen Gurney, WOMAN
Advocate explained: "The forms require an applicant to
state any former surnames and given names as well as
provide their current details.
In the past, many
employers, including government departments, have
insisted on forwarding the forms to Victoria Police
<http://www.police.vic.gov.au/>
themselves – a process that automatically outs the
individual and leaves them highly vulnerable to future
discriminatory acts."
But, as Karen explained,
it got even worse: "Where a person had a reportable
charge or finding of guilt made against them, Victoria
Police were returning the certificates with both the
current and the former names of the person endorsed on
them. Even if they submitted the application themselves,
the individual was outed once again!"
The good news is that the
policies have now been altered to allow transgenders and
people with transsexualism to submit applications
directly and to contact the special Victoria Police
Inquiry Line 03 9247 5907 to arrange for a certificate
that only refers to their current personal
details.
Karen continued:
"‘Our approaches to Victoria Police received the
strongest support and assistance imaginable. Both
Parliamentary Secretary for Justice, Jenny Mikakos and
Privacy Commissioner, Paul Chadwick <http://www.privacy.vic.gov.au/>,
intervened to ensure the rights to privacy of these small
minority groups in the community were preserved. We are
very grateful to them and to Victoria Police."
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Information
Sheet – Procedures for
Organisations - 1
July 2005
Information
Sheet – Information Release
Policy - 8 June
2005
